Loading...
HomeMy WebLinkAboutAgenda Report - September 2, 1987 (89)Council was apprised that at its meeting of Monday, July 27, 1987, the Lodi City Planning Commission determined that a "Zoning Hardship" did not exist and denied Mr. Tom --' Sakoda`s request for Variances to (1) reduce the sideyard adjacent to an alley from 5 feet to 2 feet, and (2) reduce the front yard from 23 feet to 16 feet to permit the erection of a new carport at 418 South Lee Street in an area zoned R-2, Single -Family Residential. Section 17.72.030 of the Lodi Municipal Code outlines the basis for granting variances as follows: "In specific cases where It is exceptionally difficult, if not impossible, to comply with the exact provisions of this title, the Planning Commission has the power to allow such adjustments from the provisions contained in this title as will prevent unnecessary hardships or injustice, and at the same time most nearly accomplish the general purpose and intent of this title". - Mr. Tom Sakoda, 418 South Lee Avenue, Lodi, spoke on behalf ='x of his appeal and presented diagrams of the subject area and responded to questions as were posed by the Council. Continued September 2, 1987 Also speaking in support of the appeal were: a) Mr. Al Inman, 308 Chestnut, Lodi b) Mrs. Al Inman, 308 Chestnut, Lodi c) Mr. Leonard Fortman, 419 South Lee, Lodi There were no persons in the audience wishing to speak against the appeal. There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. A lengthy discussion followed with questions regarding the matter being directed to staff and to those who had given testimony. On motion of Mayor Pro Tempore Snider, Ninchman second, _ M Council granted Mr. Sakoda's appeal. Further, on motion of.: Council Member Reid, Ninchman second, Council requested that the Planning Commission review the existing ordinance _ for possible revisions as it pertains to situations of this type. �or COUNCIL CO 1EMUt'! ICA IOIN TO: THE 11 CITY COUNCIL FPOM: THE CITY MANAGER'S OFFICE t September 2, 1987 S=UBJECT: APPEAL OF MR. TOM SAKODA, 418 SOUTH LEE AVENUE, OF THE PLANNING COMMISSION DENIAL OF HIS REQUEST FOR A VARIANCE. r.p. BACKGROUND INFORMATION: At its meeting of Monday, July 27, 1987, the Lodi City Planning Commission determined that a "Zoning Hardship" did not exist and denied Mr. Tom Sakoda's request for Variances to (1) reduce the sideyard adjacent to ar alley from 5 feet to 2 feet, and (2) reduce the front yard from 23 feet to 1E feet to permit the erection of a new carport at 418 South Lee Street in an area zoned R-2, Single -Family Residential. Section 17.72.030 of the Lodi Municipal Code outlines the basis for granting Variances as follows: "In specific cases where it is exceptionally difficult, if not impossible, to comply with the exact provisions of this title, the Planning Commission has the power to allow such adjustments from the provisions contained in this title as will prevent unnecessary hardships or injustice, and at the same time most nearly accomplish the general purpose and intent of this title" Pursuant to Section 17.72.110 of the Lodi Municipal Code, Mr. Sakoda appealed the decision of the Planning Commission in this matter (see Exhibit A attached) and the Council, at its August 19, 1987 set the matter for Public Hearing at the September 2, 1987 Council meeting. The Public Hearing was duly advertised and notices were mailed to residents in the subject area under declaration of mailing. We have enclosed the following documents for your information: a) Notice of Public Hearing marked Exhibit B. b) Planning Commission Report of July 27, 1987 marked Exhibit C c) Diagram of the subject area marked Exhibit D d) Petition received in support of the requested Variance marked Exhibit E. RECOMMENDED ACTION: Section 17.72.110 of the Lodi Municipal Code provides that upon the receipt of an Appeal, the City Council shall, after receiving a report from the Planning Commission, and after at least one public hearing on the case as provided by law, render a decision sustaining, amending or overruling the action of the Planning Commission Alice M. Reimche City Clerk For James E. Schroeder Community Development, Director COUNCOM9/TXTA.U1I EXHIBIT A V 4 LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL OF THE CITY OF LODI TO CONSIDER THE APPEAL OF MR. TOM SAKODA, 418 SOUTH LEE AVENUE, LODI, OF THE LODI CITY PLANNING COMMISSION'S DENIAL OF HIS REQUEST FOR A VARIANCE TO VARY THE REQUIRED SETBACK REQUIREMENTS TO PROVIDE FOR A NEW CARPORT AT 418 SOUTH LEE AVENUE, LODI NOTICE IS HEREBY GIVEN THAT on the 2nd day of September, 1987, at the hour of 7:30 p,m., or as soon thereafter as the matter may be heard, the Lodi City Council.will conduct a public hearing in the chambers of the Lodi City Council at 221 West Pine Street, Lodi, California, to consider the appeal of Mr. Tom Sakoda, 418 South Lee Avenue, Lodi, of the Lodi City Planning Commission's denial of his request for a variance to vary the required setback requirements to provide for a new carport at 418 South Lee Avenue, Lodi. Mr. Sakoda's variance request was to 1) reduce the side yard adjacent to an alley from 5 feet to 2 feet, and -2) reduce the from yard from 23 feet to 16 feet to permit the erection of a new carport at 418 South Lee Street, Lodi, in an area zoned R-2, Single -Family Residential. Informati-)n regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views either for or against the above proposal. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said hearing. If you challenge the subject matter in court you may be limited to raising only those issues .you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 'Fest Pine Street, Lodi, at, or prior to, the public hearing. Dated: August 19, I987 By Order of the Lodi City Council &ecl �7 - &me�v Alice M. Reimche City Clerk OCLARATION OF MAILING On August "1'l, 1987 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with firs":: -class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "6" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places. to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executeu on August 27, 1987, at Lodi, California. ALICE ME City Clerk JUDITH J HNSON Deputy City Clerk DEC/O1 TXTA.O2D I C LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL OF THE CITY OF LODI 7O CONSIDER THE APPEAL OF MR. TOM SAKODA, 418 SOUTH LEE AVENUE, LODI, OF THE LODI CITY PLANNING COMMISSION'S DENIAL OF HIS REQUEST FOR A VARIANCE TO VARY THE REQUIRED SETBACK REQUIREMENTS TO PROVIDE FOR A NEW CARPORT AT 418 SOUTH LEE AVENUE, LODI NOTICE IS HEREBY GIVEN THAT on the 2nd day of September, 1987, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the chambers of the Lodi City Council at 221 West Pine Street, Lodi, California, to consider the appeal of Mr. Tom Sakoda, 418 South Lee Avenue, Lodi, of the Lodi City Planning Commission's denial of his request for a variance to vary the required setback requirements to provide for a new carport at 418 South Lee Avenue, Lodi. Mr. Sakoda's variance request was to 1) reduce the side yard adjacent to an alley from 5 feet to 2 feet, and_2) reduce the front yard from 23 feet to 16 feet to permit the erection of a new carport at 418 South Lee Street, Lodi, in an area zoned R-2, Single -Family Residential. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views either for or against the above proposal. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said hearing. If you challenge the subject matter in court you may be limited to raising only those issues you or someone else raised ai the public EXHIBITf F S f t hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, Lodi, at, or prior to, the public hearing. Dated: August 19, 1987 8y Order of the Lodi City Council Qa/ �n - 4wk Alice M. Reimche City Clerk Exhibit B Tsutomu & N. Sakoda 418 S. Lee Avenue Lodi, CA 95240 Lodi Unified School District 1300 W. Lodi Avenue Otto & Lillian Weber 1921 Edgewood Drive Lodi, CA 95240 Angelina R. Bersi 300 W. Chestnut Street Lodi, CA 95240 Eileen B. Perrin 304 W. Chestnut Street Lodi, Ca 95240 Alvin C & K. L. Inman 308 W. Chestnut Street Lodi, CA 95240 Russell & Lena Beck 312 W. Chestnut Street Lodi, CA 95240 Clayton R & J. Knittel 618 S. Crescent Avenue Lodi, CA 95240 Woodrow & Ruth Ensminger 921 York Street Lodi, CA 95240 Patrick J & E.D. Manly 1017 Lincoln Avenue Lodi, CA 95240 Rosa Teresa Capuccini 305 W. Chestnut Street Lodi, CA 95240 Emil & Rachel Dais 311 W. Chestnut Street Lodi, CA 95240 B u E. Partnership 1416 Arundel Ct Lodi, CA 95240 Steven B. Schneider 1013 North 0 Street Lodi, CA 95240 RKS Investment Co. c/o Greand Auto Inc. 7200 L_3ewater Drive Oakland, CA 94621 N & D.J. Spanos 306 Shady Acres Drive Lodi, CA 95240 Desmond & B Calvin 400 W. Chestnut Street Lodi, CA 95240 Christ & Susie De Wald 420 S. Hutchuns Street Lodi, CA 95240 Leonard & M. Fortman 419 S. Lee Avenue Lodi, CA 9524 Richard J & L.A. Kotowski 426 S. Hutchins Street Lodi, CA 95240 Adolph J & T. Bertsch 425 S. Lee Avenue Lodi, CA 95240 Johne& Louise St.Marie 432 S. Hutchins Street Lodi, CA 95240 Carlton & A. L. Gaydosh 431 S. Lee Avenue Lodi, CA 95240 Arthur M. Barnes, Jr. 426 S. Lee Avenue Lodi, CA 95240 William W & C.M. McClaine 1435 Academy Street Lodi, CA 95240 James & Pearl Bradley 500 S. Lee Avenue Lodi, CA 95240 Leta Knipper 506 S. Lee Avenue Lodi, CA 95240 Jeffrey & Nary Pell 512 S. Lee Avenue Lodi, CA 95240 Charles R & L. Churchill 513 S. Pleasant Avenue Lodi, CA 95240 Gustave & E.K. Schck 500 S. Hutchins St Lodi, CA 95240 Donald & Janice Hausmann 501 S. Lee Avenue Lodi, CA 95240 Nello F Bianchetti 507 S. Lee Avenue Lodi, CA 95240 Manuel B & A. Dominguez 4111 E. Scottsdale Road Lodi, CA 95240 Ella K. Wolff 506 S.. Hutchins St Lodi, CA 95240 LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL OF THE CITY OF LODI TO CONSIDER THE APPEAL OF MR. TOM SAKODA, 418 SOUTH LEE AVENUE, LODI, r. OF THE LODI CITY PLANNING COMMISSION'S DENIAL OF HIS REQUEST I FOR A VARIANCE TO VARY THE REQUIRED SETBACK REQUIREMENTS TO PROVIDE FOR A NEW CARPORT AT 418 SOUTH LEE AVENUE, LODI NOTICE IS HEREBY GIVEN THAT on the 2nd day of September, 1987, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the chambers of the Lodi City Council at 221 West Pine Street, Lodi, 2 California, to consider the appeal of Mr. Tom Sakoda, 418 South Lee Avenue, Lodi, of the Lodi City Planning Commission's denial of his request for a variance to vary the required setback requirements to provide for a new carport at 418 South Lee Avenue, Lodi. Mr. Sakoda s �- variance request was to 1) reduce the side yard adjacent to an alley from 5 feet to 2 feet, and.2) reduce the front yard from 23 feet to 16 feet to permit the erection of a new carport at 418 South Lee Street, Lodi, in an area zoned R-2, Single -Family Residential. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views either for or against the above proposal. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said hearing. -- If you challenge the subject matter in court you may be limited to raising only those issues you or someone else raised at the public I �` hearing described ,d in this notice or �n written correspondence delivered , to the City Clerk, 221 West Pine Street, Lodi, at, or prior to, the public hearing. Dated: August 19, 1987 By Order of the Lodi City Council Alice M. Reimche City Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE ►.ODI CITY COUNCIL OF THE CITY OF LODI TO CONSIDER THE APPEAL OF MR. TOM SAKODA, 418 SOUTH LEE AVENUE, LODI, OF THE LODI CITY PLANNING COMMISSION'S DENIAL OF HIS REQUEST FOR A VARIANCE TO VARY THE REQUIRED SETBACK REQUIREMENTS TO PROVIDE FOR A NEW CARPORT AT 418 SOUTH LEE AVENUE, LODI NOTICE IS HEREBY GIVEN THAT on the 2nd day of September, 1987, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the chambers of the Lodi City Council at 221 West Pine Street, Lodi, California, to consider the appeal of Mr. Tom Sakoda, 418 South Lee Avenue, Lodi, of the Lodi City Planning Commission's denial of his request for a variance to vary the required setback requirements to provide for a new carport at 418 South Lee Avenue, Lodi. Mr. Sakoda's variance request was to 1) reduce the side yard adjacent to an_alley from 5 feet to 2 feet, and.2) reduce the front yard from 23 feet to 16 feet to permit the erection of a new carport at 418 South Lee Street, Lodi, in an area zoned R-2, Single -Family Residential. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views either for or against the above proposal. Written statements may be filed with the . City Clerk at any time prior to the hearing scheduled herein and oral tatements ma b mad at said hearing s y e e If you challenge the subject matter in court you may be limited to raising only those issues you or someone else raised at the public S hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, Lodi, at, or prior to, the public hearing. Dated: August 19, 1987 i x By Order of the Lodi City Council E Alice M. Reimche 4 City Clerk r NI i hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, Lodi, at, or prior to, the public hearing. Dated: August 19, 1987 6y Order of the Lodi City Council &Ui/ �n - 4wz ) Alice M. Reimche City Clerk DECLARATION OF MAILING On August 20, 1987 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "8" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 20, 1987, at Lodi, California. ALICE M. K IMCHE City Glerk JU I J N put City C1 rk DEC/O1 TXTA.02D DMIBIT A LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL OF THE CITY OF LODI TO CONSIDER THE APPEAL OF MR. TOM SAKODA, 418 SOUTH LEE AVENUE, LODI, OF THE LODI City ?LANNING COMMISSION'S DENIAL OF HIS REQUEST FOR A VARIANCE TO VARY THE REQUIRED. SETBACK REQUIREMENTS TO PROVIDE FOR A NEW CARPORT AT 418 SOUTH LEE AVENUE, LODI NOTICE IS HEREBY GIVEN THAT on the 2nd day of September, 1987, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the chambers of the Lodi City Council at 221 West Pine Street, Lodi, California, to consider the appeal of Mr. Tom Sakoda, 418 South Lee Avenue, Lodi, of the Lodi City Planning Commission's denial of his request for a variance to vary the required setback requirements to provide for a new carport at 418 South Lee.Avenue, Lodi. Mr. Sakoda's variance request was to 1) reduce the side yard adjacent to an alley from 5 feet to 2 feet, and.2) reduce the front yard from 23 feet to 16 feet to permit the Erection of a new carport at 418 South Lee Street, Lodi, in an area zoned R-2, Single -Family Residential. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views either for or against the above proposal. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said hearing. If you challenge the subject matter in court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, Lodi, at, or prior to, the public hearing. Dated: August 19, 1987 By Order of the Lodi City Council QMd fin' 4wjv Alice M. Reimche City Clerk 1�DMPT P Mr. Tan Sakoda 418 South Lee Avenue Dads., CA 95240 v41AC= iV4..� U - 1 56 moi--�s r D EXHIBIT E CITY COUNCH [{�} ��j1 EVELYN M 0i SON, Mayor CITY l�' A L O D 1T SOHN R (Randvi SNIDER Ma,or Pro Tempore CITY HA—� 221 WEST PINE STREE T DAVID M. HINCHMAN k -ALL BOX 3006 JAMES W PINKERTON, Jr. LODI. CALIFORNIA 95241-1910 FRED M. REID (209) 334-5634 T E It COPTF R .(20q) 333-6795 September 10, 1987 Mr. Roger Stafford 801 South Mills Avenue Lodi, CA 95240 Dear Mr. Stafford: THOMAS A PETERSON City t tanager ALICE M REIMCHE City Clerk RONALD M, STEt`: City Attomey Please be advised that the Lodi City Council, at its regular meeting of September 2, 1987 following a public hearing on the matter, granted the appeal of Mr. Tom Sakoda of the Lodi City Planning Commission's denial of his request for a variance to setLack requirements to provide for a new carport at 418 South Lee Avenue, Lodi. Further, Council requested that the. Planning Commission review the existing ordinance for possible revisions as it pertains to situations of this type. Should you have "'any questions regarding this matter, please do not hesitate to call this office. Very truly yours, C({ w /!1' owzll Alice M. Reimche City Clerk AMR: J3 cc: Jams B. Schroeder Ccmmunity Development Director CITY COUNCIL EVE INN M OLSON. Mayor !� T T� g C{ T Y i � F i ® 6 i I CITY IOHN R. (Randyl SNIDER j �i j� L! Mayor Pro Tem{tore CIT) HAIL. 221 WEST PINE STREET DAVID -%' HINCNN.AN C. ALL BOX 3005 JAMES W PINKERTON, Ir LODI, CALIFORNIA 95241-1910 FRED M. REID (209) 334-5634 TE l F COPIF R . (209) 333-6795 September 10, 1987 THOMAS A PETERSON (-,ty Akianag::r ALICE M. REIMCHE C it-, Clerk RONALD M. STEIN City Attorney Mr. Tom Sakoda 418 South Lee Avenue Lodi, CA 95240 Dear Mr. Sakoda: This letter will confirm action taken by the Lodi City Council at its regular meeting of September 2, 1987 whereby, following a public hearing on the matter, Council granted your appeal of the Lodi City Planning Commission's denial of your request for a variance to setback requirements to provide for a new carport at 418 South Lee Avenue, Lodi. Further, Council requested that the Planning Commission review the existing ordinance for possible revisions as it pertains to situations of this type. Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, & t ,. quoje) Alice M. Reimche City Clerk AMR:jj cc: James B. Schroeder Community Development Director FRONT ELEVATION NORTHWEST VIEW SOUTHWEST VIEW EXISTING DRIVEWAY CLOSEUP OF LOCATION FOR PROPOSED CARPORT ADJACENT SETBACKS CITY COUNCIL EVELYN M. OLSON. Mayor JOHN R. (Randy) SNIDER Mayor Pro Tempore DAVID M. HINCHMAN JAMES W. PINKERTON. Jr. FRED M.REID September 15, 1987 CITE'' OF LODI CITY HALL, 221 WEST PINE STREET CALL BOX 3006 LODI, CALIFORNIA 952 41-1 910 (209) 334-5634 TELECOPIER . (209) 333-6795 Mr. Terry Piazza c/o Baumbach and Piazza, Consulting Engineers 323 West Elm Street Lodi, CA 95240 RE: Tentative Parcel Map - 87 P 010 Frank Alegre, Sr. - 910 N. Cluff Avenue 049-080-61 and 62 HO -MAS A. PETERSON Citv manager ALICE M. REIMCHE City Clerk RONALD M. STEIN City Attorney At its meeting of Monday, September 14, 1987 the Lodi City Planning Commission conditionally approved your request on behalf of Frank Alegre, Sr. to divide 910 North Ciuff Avenue (APN's 049-080-61 and 62) into five parts with Parcel "A" containing 0.6 acres; Parcel "B" containing 0.6 acres; Parcel "C" containing 0.6 acres; Parcel "D" containing 1.9 acres; and Parcel "E" containing 1.9 acres in an area zoned M-2, Heavy Industrial. The Planning Commission's approval is subject to the following conditions: 1. that the following items be accomplished prior to the recording of the Final Map: a. dedication of public utility easements as requested by the various utility companies and the City of Lodi; b. dedication of a corner cut-off on Parcel "A"; C. provision of a copy of Well Abandonment Permit from the county for any on-site wells abandoned during development or certification by the developer's engineer that none existed prior to conversion from agricultural and residential to industrial use; d. map to have standard note: "Requirements to be met at time of development or Building Permit"; and e. all six lots to be graded to enable storm drainage to be collected on-site and transported to City system in conformance with present City standards; and Mr. Terry Piazza c/o Baumbach and Piazza Consulting Engineers September 15, 1987 Page 2 2. that the following items be accomplished at time of development or issuance of Building Permit; a. Parcel "D" and "E" to have special commercial driveways conforming to City Standard Plan No. ill; b. payment of the appropriate fees in effect at that time; Water service for Parcels "A" and "B" Sewer service for Parcels "A" and "B" Storm drainage service to all parcels not already serviced. C. all storm drainage to pass through City approved sand and oil trap and enter City Storm drain system in a City manhole or through the back of City catch basin; and d.b On-site Fire Protection per Fire Department requirements. Section 16.36.010 provides as follows: "Any interested person adversely affected by any decision of the advisory agency (i.e. Planning Commission) may file a complaint with the City Clerk concerning such decision. Any such complaint shall be filed with the City Clerk within fifteen days after the action which is the subject of the complaint. The City Council may, in its discretion, rejects the complaint, the complainant shall be notified of such action. If the matter is set for Public Hearing, the hearing shall be conducted and notice.thereof given as provided by Government Code Section 66451.3. If you, your client, or his agent wish to complain to the City Council, you, or they, must correspond with Alice M. Reimche, City Clerk. The correspondence must be received by her before 5:00 p.m., Tuesday, September 29, 1987. Sincerely, �1 JS B. SCHROEDER C unity Development Director cc: Frank Alegre, Sr. Albert M. Ellis, Attorney at Law City Clerk . Pub i c Works Di rector-